Copying CDs, interrogation videos and other evidence [Procuratorate prosecution stage]

The "Criminal Procedure Law of the People's Republic of China" improves the defender's right to review files and expands the scope of lawyers' review. The defender has the right to inspect, excerpt, and copy all case file materials starting from the date of review and prosecution. The scope of lawyers' exercise of review power includes not only "litigation documents" and "technical appraisal materials", but also "case file materials" related to the case, that is, lawyers can comprehensively review case materials mastered by the investigation agencies and procuratorial organs, so as to realize the defense rights. Guarantee provided. In practice, some judicial organs restrict lawyers' right to read files through various means. Some agencies only allow defense lawyers to review, excerpt, and copy, and limit the number of copies; some agencies only allow copying of written files, and do not allow defense lawyers to copy files on CD-ROMs. , interrogation videos and other evidence are not allowed to be copied. This is actually a way to protect the rights of lawyers.

Article 40 of the Criminal Procedure Law of the People's Republic of China stipulates:

Defense lawyers may consult , excerpt , and copy the case file materials from the date the People's Procuratorate examines and prosecutes the case . Other defenders may also consult, excerpt, and copy the above-mentioned materials with the permission of the People's Court and People's Procuratorate.

Paragraph 2 of Article 50 of the Criminal Procedure Law of the People's Republic of China stipulates:

Evidence includes (1) physical evidence; (2) documentary evidence; (3) witness testimony; (4) victim statement; (5) confession and defense of criminal suspects and defendants; (6) expert opinion; (7) inquest and inspection , identification, investigation experiments, etc. transcripts; (8) Audio-visual materials and electronic data.

The CDs and interrogation videos mentioned in this article belong to the audio-visual materials in the above-mentioned evidence. Only after the defense lawyer has a comprehensive understanding of all the materials in the prosecution's possession that prove the suspect's guilt can he defend himself in a targeted manner, thereby improving his defense. quality, and safeguard the legitimate rights and interests of criminal suspects and defendants. The comprehensive use of various forms of evidence can correctly reflect the facts of the entire case and prove whether the alleged criminal suspect or defendant is guilty and whether the punishment can be reduced or even exempted.

In practice, if the procuratorial organ rejects the defender's application on the grounds that the defender does not have the right to copy the CD, it is depriving and infringing upon the lawyer's right to review files. The lawyer can file a complaint or complaint with the People's Procuratorate at the same or higher level.